1. A. An applicant may request that the Director reconsider any written determination made by the Director under Regulation .04, .05, or .06 of this chapter. A request under this section shall be in writing and received by the Trust within 30 days after the Director’s written determination was sent to the applicant.

2. B. Within 60 days of the Trust’s receipt of a request for reconsideration made pursuant to §A of this regulation, the Director shall:

   1. (1) Review the request;
   2. (2) Determine whether the standards and requirements set forth in this chapter or otherwise applicable to the request warrant either a denial of the request or a modification of the Director’s determination; and
   3. (3) Send written notification to the applicant of the Director’s determination on the request.
3. C. An applicant whose request for reconsideration has been denied in whole or part by the Director under §B of this regulation may file a request that the Board of Trustees of the Trust reconsider the Director’s denial. A request made under this section shall be in writing and received by the Trust within 30 days after the written notice of the Director’s denial is sent to the applicant.

4. D. The Board of Trustees of the Trust shall, within 60 days of the Trust’s receipt of the request made pursuant to §C of this regulation or at the next regularly conducted meeting of the Board following the Trust’s receipt of the request, whichever is later:

   1. (1) Review the request;
   2. (2) Determine whether the standards and requirements set forth in this chapter or otherwise applicable to the request warrant either a denial of the request or a modification of the Director’s determination;
   3. (3) If the Board determines that the Director’s determination shall be modified, articulate the applicable standard and factual basis that warrant the modification; and
   4. (4) Notify the applicant in writing of the Board’s determination.
5. E. The Board of Trustees of the Trust may establish from time to time guidelines or procedures for processing and reviewing requests for reconsideration made under §C of this regulation.
6. F. Actions or determinations taken or made by the Board of Trustees under §D of this regulation shall be in accordance with the bylaws of the Board of Trustees of the Trust.
7. G. A determination of the Board of Trustees of the Trust made under §D of this regulation shall be final and is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Authority: State Finance and Procurement Article, §5A-303, Annotated Code of Maryland

Effective date: January 14, 1999 (26:1 Md. R. 23)

Regulation .01 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)

Regulation .02B amended as an emergency provision effective June 1, 2004 (31:16 Md. R. 1249); emergency status expired December 1, 2004

Regulation .02B amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)

Regulation .04 amended as an emergency provision effective November 24, 2003 (30:25 Md. R. 1841); emergency status expired May 22, 2004

Regulation .04 amended as an emergency provision effective June 1, 2004 (31:17 Md. R. 1249); emergency status expired December 1, 2004

Regulation .04 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)

Regulation .04E amended as an emergency provision effective June 29, 2005 (32:15 Md. R. 1313); amended permanently effective October 10, 2005 (32:20 Md. R. 1655)

Regulation .05 amended as an emergency provision effective January 3, 2005 (32:4 Md. R. 404); amended permanently effective April 11, 2005 (32:7 Md. R. 676)

Chapter recodified from COMAR 05.08.08 to COMAR 34.04.07

Chapter revised as an emergency provision effective August 4, 2010 (37:18 Md. R. 1212); revised permanently effective October 4, 2010 (37:20 Md. R. 1396)

Regulation .04E amended as an emergency provision effective October 5, 2011 (38:23 Md. R. 1418); amended permanently effective November 28, 2011 (38:24 Md. R. 1504)

Regulations .01—.07 repealed and new Regulations .01—.08 adopted as an emergency provision effective January 1, 2015 (42:1 Md. R. 16); adopted permanently effective February 16, 2015 (42:3 Md. R. 318)

Regulations .01—.08 repealed and new Regulations .01—.09 adopted effective September 12, 2016 (43:18 Md. R. 1019)

Regulation .01 amended effective December 16, 2019 (46:25 Md. R. 1132)

Regulation .02B amended effective February 12, 2018 (45:3 Md. R. 159); March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132); September 21, 2020 (47:19 Md. R. 850); December 13, 2021 (48:25 Md. R. 1082); March 2, 2026 (53:4 Md. R. 186)

Regulation .03 amended effective December 16, 2019 (46:25 Md. R. 1132)

Regulation .03C—E amended effective March 25, 2019 (46:6 Md. R. 347)

Regulation .03D amended effective September 21, 2020 (47:19 Md. R. 850)

Regulation .032E amended effective March 2, 2026 (53:4 Md. R. 186)

Regulation .04C amended effective December 16, 2019 (46:25 Md. R. 1132)

Regulation .05 amended effective March 25, 2019 (46:6 Md. R. 347); December 16, 2019 (46:25 Md. R. 1132)

Regulation .05A—C amended effective February 12, 2018 (45:3 Md. R. 159)

Regulation .05C amended effective September 21, 2020 (47:19 Md. R. 850) March 2, 2026 (53:4 Md. R. 186)

Regulation .05D amended effective March 2, 2026 (53:4 Md. R. 186)

Regulation .06 amended effective December 16, 2019 (46:25 Md. R. 1132)

Regulation .06C, E amended effective March 25, 2019 (46:6 Md. R. 347)

Regulation .06G adopted effective September 21, 2020 (47:19 Md. R. 850)

Regulation .08 amended effective December 16, 2019 (46:25 Md. R. 1132)